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IN RE OF ADAM RAMOS v. WILLIAM

Appellate Division of the Supreme Court of New York, Second Department.
Jun 15, 2010
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Ordered that the appeal from the order is dismissed, without costs or disbursements, as no appeal lies from an intermediate order in a habeas corpus proceeding ( see People ex rel. Falaq v Dalsheim, 122 AD2d 93; CPLR 7011); and it is further,

Ordered that the order and judgment is affirmed, without costs or disbursements.

Contrary to the petitioner's contention, the New York State Department of Correctional Services did not exceed its authority in determining that, pursuant to the mandatory provisions of Penal Law ยง 70.25 (2-a), the terms of imprisonment imposed on the petitioner on February 1, 2002, must run consecutively to undischarged sentences previously imposed upon him ( see People ex rel. Gill v Greene, 12 NY3d 1, cert denied sub nom. Gill v Rock, 558 US ___, 130 S Ct 86; Matter of Soto v Fischer, 60 AD3d 1074, 1075). Accordingly, the Supreme Court properly denied the petition and dismissed the proceeding.

The petitioner's remaining contentions are without merit.